The Fair Labor Standards Act (FLSA) provides the majority of workers certain
protections such as the right to make at least minimum wage and to earn
overtime pay, typically at a rate of one and one half times a worker's
standard rate of pay for hours worked in excess of 40 in a week. However,
many employers violate these rules, in an effort to save money. As an
employee, it is important to understand common areas employers may make
errors, it order to ensure you are receiving all the compensation you deserve.
Some of the most common areas where employers make FLSA violations include
1) The failure to provide workers all required meal and rest breaks. For
example, employers are required to provide non-exempt workers with 30
min unpaid meal breaks if they work more than 5 hours in a day. Where
employees work more than 10 hours, they may be entitled to a second break.
Additionally, in most circumstances employers are required to provide
paid rest breaks for each four hour block of time worked.
2) Not providing a sufficiently detailed accounting on each employee's
pay stub. This includes setting forth a worker's gross and net pay,
number of hours worked, dates included in the pay period, the employee's
social security number and certain employer information. The failure to
have the correct information may constitute a violation of the FLSA.
3) Improperly denying workers overtime compensation they deserve. This
may happen when an hourly worker who is "non-exempt" and entitled
to overtime pay is classified as "exempt" - a designation that
generally applies to "white collar" jobs, and means that workers
may not earn overtime pay, regardless of time spent on the job. A more
detailed explanation of exemptions may be found
here. Additional, employers may violate the FLSA by classifying employees as
"independent contractors." In both circumstances, employees
may be denied income and benefits they are entitled to.
The Fair Labor Standards Act contains numerous provisions designed to protect
all workers, with many of these provisions routinely updated and amended.
As a result, if you have any questions concerning your compensation or
your rights under the FLSA, it is important to consult with an attorney
who is knowledgeable with all of the aspects of this important law. For
more information, or to discuss your concerns, please contact the dedicated
FLSA attorneys at Buckley Beal, LLP for an immediate, private, consultation.